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(영문) 수원지방법원 2013.09.05 2013고합352
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 23:40 on May 21, 2013, the Defendant: (a) completed a school at the e elementary school behind the e elementary school located in D, the e elementary school (15 years of age, n) and sent back the school to the victim F (15 years of age, nit the victim’s panty, and (b) brought the victim’s knit to the victim’s knit, and continued to attract the victim’s knit with the victim’s knit, G apartment 1211 Dong 908.

The Defendant forced, at a small room, the victim to walk the victim's panty pathm, and forced the victim to walk his panty pathm, and led the victim to be placed on the floor, put the victim on the floor, and sexual intercourse once by inserting the victim's sexual organ into the part of the victim's sound.

그 후에도 피고인은 계속하여 피해자를 욕실로 끌고 들어가 피해자의 가슴과 음부를 만지고, 다시 안방으로 데리고 가 입으로 피해자의 음부를 핥고 칫솔을 피해자의 음부에 집어넣었다.

As a result, the defendant raped the juvenile victim and put the victim into the negative part of the victim by assault.

Summary of Evidence

1. Partial statement of a defendant (a statement to the effect that there is a misunderstanding that the defendant has obtained the consent of a victim, and there is an entry of a sex relationship and act of similarity with that entered in the judgment);

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A complaint filed by the F;

1. The application of Acts and subordinate statutes to photographs and photographs of victims at the scene of crime, on-site photographs, CCTV photographs, requests for appraisal, and reports on requests for appraisal;

1. Article 7 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 7 (2) 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (a point of rape against juveniles), and Article 7 (2) 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (a point of similar rape against juveniles);

1. From among concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be more severe rape;

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